Can an employer change my pay rate retroactive of notification?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can an employer change my pay rate retroactive of notification?

I was making $13/hour before I injured my back. I asked for light duty and was scheduled for a week before they notified me about pay reduction.

Asked on February 7, 2018 under Employment Labor Law, Virginia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

First of all, unless a pay rate is guaranteed in either a union agreement or employment contract, your hourly rate of pay can be changed at your employer's discretion (absent some form of legaly actionable discrimination). That having been said, it can only be changed for work not yet performed (i.e. for any future work). Accordingly, a worker's pay cannot be changed retroactively (i.e. after the fact). 

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

First of all, unless a pay rate is guaranteed in either a union agreement or employment contract, your hourly rate of pay can be changed at your employer's discretion (absent some form of legaly actionable discrimination). That having been said, it can only be changed for work not yet performed (i.e. for any future work). Accordingly, a worker's pay cannot be changed retroactively (i.e. after the fact). 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption